Legal

Terms of Use and Privacy Policy for www.wellspringadvisorsllc.com

Effective Date: 12/02/2009

Welcome to our website located at www.wellspringadvisorsllc.com (the “Website”). The Website is owned and operated by Wellspring Financial Services, LLC (“Wellspring”), a financial services and planning company with its primary place of business at 5885 Landerbrook Drive, Suite 205, Cleveland, Ohio. The goal of the Website is to provide access to information regarding our various services, to provide a means of contacting Wellspring, and to provide financial and investment information and commentary. These “Terms of Use” are provided to ensure a safe, pleasant browsing environment for all users of the Website. You must be eighteen (18) years of age or older to use the Website. If you experience a continuing problem with the Website, please contact us at info@wellspringadvisorsllc.com or 216-367-0680 .

As used herein, any reference to “you”, “customer”, “visitor”, or “user” refers to any person, entity, computer, or device, which accesses the Website or places an order for any product or service from Wellspring. Any references to “we”, “our”, or “company” refers to Wellspring Financial Service, LLC, its agents, employees, subsidiaries, affiliates, and other related entities.

Please read these terms and conditions carefully. By accessing the web site and any pages hereof, you are indicating that you have read, acknowledge and agree to be bound by these terms of use. If you do not agree to these terms of use, do not access the web site.

Wellspring reserves the right to change these terms of use, which you are responsible for regularly reviewing and your continued use of the web site constitutes agreement to all such changes.

USE OF THE WEB SITE
Unauthorized use of the Website, including, but not limited to, unauthorized entry into Wellspring’s systems or misuse of any information, is strictly prohibited. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website or any of Wellspring’s services, computer systems, or networks through hacking, password mining, bots, data crawlers, or any other means. You agree that you will not engage in any activities related to the Website that are contrary to applicable laws or regulations.

DISCLAIMER OF WARRANTIES
The information, products and services on the web site are provided on an “as is”, “where is”, and “where available” basis. Wellspring does not warrant the information or services provided herein or your use of the web site generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose.

Wellspring will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via the web site. Although the information provided to you on the web site is obtained or compiled from sources we believe to be reliable, Wellspring cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose.

Neither Wellspring, nor any of its affiliates, directors, officers or employees will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the web site, or resulting from the act or mission of any other party involved in making the web site, the data contained herein, or the products or services offered on the web site available to you, or from any other cause relating to your access to, inability to access, or use of the web site, whether or not the circumstances giving rise to such cause may have been within the control of Wellspring or of any vendor providing software or services. In no event, will Wellspring or any such parties be liable to you, whether in contract or tor, for any direct, special, indirect consequential or incidental damages or any other damages of any kind even if Wellspring or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g. you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Wellspring cannot and does not guarantee, continuous, uninterrupted or secure access to the web site.

INTELLECTUAL PROPERTY
All right, title and interest in the Website and any content contained herein is the exclusive property of Wellspring Financial Advisors, LLC, except as otherwise stated, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, and all other intellectual properties. Unless otherwise specified, the Website is for your personal and non-commercial use only and you may print, copy and download any information or portion of the Website for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from the Website, except for the purposes expressly provided herein, without Wellspring’s prior written approval. If you copy or download any information or software from the Website, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.

The Website is the sole and exclusive property of Wellspring. “Wellspring Financial Advisors”, and any and all logos, trade dress, custom graphics, icons, and other service and/or trademarks (collectively, the “Trademarks”) are the sole and exclusive property of Wellspring, and are protected by United States and international trademark laws. The use of any of the Trademarks without the express written permission of Wellspring is strictly prohibited, and any unpermitted use may result in legal action on the part of Wellspring.

Unless otherwise specified, all creative materials contained anywhere on the Website, including all text, designs, graphics, logos, icons, images, or any other material, including, without limitation, the selection and arrangement thereof, are the sole an exclusive property of Wellspring, and is protected by United States and international copyright laws.

You may view, print, download, or otherwise copy any page of the Website only for your own limited personal use. Except as otherwise expressly provided in these Terms of Use, you may not copy, distribute, reproduce, republish, modify, license, post, transmit, e-mail, download, upload, or otherwise disseminate in any way any information or content from the Website in whole or in part without the prior written permission of Wellspring. Any and all links to this site must direct to the top-level www.wellspringadvisorsllc.com domain, and any and all deep linking to any interior pages of the web site without the prior written consent of Wellspring is strictly prohibited.

If you are notifying Wellspring of alleged copyright infringement, please be sure to provide the following information in the form required by 17 USC Section 512:

  1. A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;
  2. A description of the allegedly infringing material and information sufficient to permit us to locate the material;
  3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;
  4. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
  5. A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.

Please send the foregoing to the following:

NAME: Laura Capuozzo
ADDRESS: 5885 Landerbrook Drive, Suite 205, Cleveland, Ohio 44124
EMAIL: Lcapuozzo@wellspringadvisorsllc.com
PHONE: 216-367-0680
FAX: 216-367-0690

USE OF LINKS
This Website may contain links to third party websites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Wellspring of any information contained in any third party Website. In no event shall Wellspring be responsible for the information contained on that site or your use of or inability to use such site. You should also be aware that the terms and conditions of such site and the site’s privacy policy may be different from those applicable to your use of the Website.

SECURITIES PRODUCTS
None of the information contained on the Website constitutes a recommendation, solicitation or offer by Wellspring or its affiliates to buy or sell any securities, futures, options or other financial instruments or provide any investment advice or service. The information contained in the Website has been prepared without reference to any particular user’s investment requirements or financial situation. Certain transactions give rise to substantial risk and are not suitable for all investors. Prior to the execution of any transaction by you involving information you received from the Website, you should consult your business advisor, attorney and tax and accounting advisors with respect to the price, suitability, value, risk or other aspects of any stock, mutual fund, security or other investment. Pricing and other information generated through the use of data or services made available herein may not reflect actual prices or values that would be available in the market at the time provided or at the time that the user may want to purchase or sell a particular security or other instrument. The information provided on the Website is not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where Wellspring is not authorized to provide such information.

CHOICE OF LAW
These Terms of Use shall be governed by and construed in accordance with the laws of the state of Ohio, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be in an appropriate state or federal court located in the Cuyahoga County, Ohio and the parties unconditionally waive their respective rights to a jury trial. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. These Terms of Use constitutes the entire agreement between Wellspring and you with respect to this site and it supersedes all prior or contemporaneous communications, agreements and understandings between Wellspring and you with respect to the subject matter hereof. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings.

PRIVACY POLICY
Wellspring is committed to protecting the privacy and confidentiality of your personal information. As providers of products and services that involve compiling personal information of our customers, protecting the confidentiality of all such information is of our utmost concern.

We do not collect any confidential or personal information from you via the Website. Wellspring does not use any cookies or other software trackers, which may collect information from your computer. However, Wellspring may use certain technology on the Website to collect and compile aggregate statistical information about the number of visitors to the site, how visitors use the Website, including the average length of visits, the number of views for each interior page, and the effectiveness of advertising on the Website. Wellspring uses this information solely to improve the Website content and performance. No individually identifiable information is collected for this purpose and Wellspring does not monitor individual visitor behavior.

We may provide links from our site to other Web sites. We take steps to link only to sites that share our high standards and respect for privacy. Please note, however, that we are not responsible for the privacy standards and practices of third parties. Thus, we cannot guarantee your security or privacy when you visit any such site. Wellspring always strives to keep only visitor information secure against unauthorized access and use. Please notify the Webmaster of this site at support@focus-technologies.com if you discover any broken or erroneous links.

We may share certain information in accordance with, or as required by, law or regulation (for example, in response to a subpoena, to prevent fraud, and to comply with rules of, or inquiries from, industry regulators).

We may, from time to time, amend this privacy policy. If we do, then we will post such amendments to this document so that you may always have access to our most recent policy. We reserve the right, at our discretion, to change, modify, add or remove portions of our privacy policy at any time.